Buy condo in foreigner name ONLY even when married ?

[scoupeo]

hola boys, can someone tell me if it's easy to buy a new condo and put only a foreigner name on the documents, even when married to a Thai ?

do they even ask if you are married or any documents ?

 

has anybody been to pattaya land office lately, is it crowded ?

 

thank you for your confirmation.

[HampiK]

You can put your name only in the document, even when your married.

But If you make a divorce and your ex-wife will then go to court, then I am not sure what will happen.

I have 2 condos in my name, which I bought after marriage.

Edited January 27, 2021 by HampiK

[scoupeo]

5 hours ago, HampiK said:

You can put your name only in the document, even when your married.

But If you make a divorce and your ex-wife will then go to court, then I am not sure what will happen.

I have 2 condos in my name, which I bought after marriage.

 

so they do not ask if you are married or any document ?

only your passport ?

thank you.

 

[Dogbarker]

As long as the quota for foreigners is sufficient  there is no need to include anyone but yourself. If you have concerns ensure a Thai will is made specifically stating what is to happen with the unit in case of your demise. You may want to  see about registering that Will.

[Andyfez]

I didn't know you could put two names on an ownership paper?

[mrwebb8825]

13 minutes ago, Andyfez said:

I didn't know you could put two names on an ownership paper?

Really?? You were either born yesterday or have been hiding under a rock since the days of J. Paul Getty and Henry Ford. ????

[AlQaholic]

Regardless of whos name is stated as owner, if you are married half of everything you own belongs to your wife.

[Pumpuynarak]

1 hour ago, AlQaholic said:

Regardless of whos name is stated as owner, if you are married half of everything you own belongs to your wife.

 

With the exception of anything you own prior to marriage is my understanding.

[soi3eddie]

 

You can put condo in sole or both names. My advice from my experience is put it in your name only. I remember so clearly sitting in the lawyer's office in Sathorn in December 2009 when signing power of attorney and other documents for purchase of my Bangkok condo. My Thai wife asked "do you want only your name or both names?". It was my money used for purchase. At that time marriage of 8 years was sweet so I stupidly said "both names" thinking that if anything happened to me then it would be easier for her. On divorce (in UK) 7 years later it was nothing but a pain in the <deleted> getting her name removed from the land register even though our court agreement was for 50% each. When she learned I had a new partner she refused to sign the papers meaning another court appearance and £5,000+ of costs. When she finally did sign, it meant I had to transfer, again, 50% of the agreed condo value to Thailand from overseas to satisfy the Land Office that funds were remitted from outside the country (this was despite me still having the original purchase funds remittance document for the whole amount). As mentioned in another post, you can always do a will leaving it to your wife (or kid/s) in case something should happen to you. Therefore, MY ADVICE IS BUY IN YOUR NAME ONLY! Chok Dee!

 

[CanadaSam]

Half of everything you acquired AFTER the marriage date....

[LukKrueng]

11 hours ago, scoupeo said:

 

so they do not ask if you are married or any document ?

only your passport ?

thank you.

 

They do ask, and if you're married you need your spouse's consent for the purchase and for selling the property later on. As I'm not married I told the land office official I'm single and they didn't ask for proof, so I guess you can say you're single even if you're not...

That applies to Thai nationals as well. 

The above is from personal experience in 2 different land office in different provinces 

[Gary Pizzelleman]

Hi - Not sure if you are aware or not, but you should have a "Tor-Tor Sam" for any money you you put in to a Foreign Name and Held Condo.  Hopefully I am just overstating the obvious, but a Tor-Tor Sam is a verification of the Money transferred into Thailand to buy the Condo is on the Up and Up - Having this established up front will save many headaches on the back end if there is one.  Good Luck - G  

[NCC1701A]

23 hours ago, scoupeo said:

even when married to a Thai ?

the question you really want to ask is "What is the process during a divorce in Thailand to determine my assets?"  

[scoupeo]

25 minutes ago, Gary Pizzelleman said:

Hi - Not sure if you are aware or not, but you should have a "Tor-Tor Sam" for any money you you put in to a Foreign Name and Held Condo.  Hopefully I am just overstating the obvious, but a Tor-Tor Sam is a verification of the Money transferred into Thailand to buy the Condo is on the Up and Up - Having this established up front will save many headaches on the back end if there is one.  Good Luck - G  

 

I have an old one, I will just change the date to purchase a new condo !

 

[scoupeo]

16 minutes ago, NCC1701A said:

the question you really want to ask is "What is the process during a divorce in Thailand to determine my assets?"  

no ! nobody divorce me alive ! so no, it's not the problem here...

 

[DefaultName]

I bought in September, in my name only.

[jomtienisgood]

2 hours ago, scoupeo said:

no ! nobody divorce me alive ! so no, it's not the problem here...

 

So you are aware that you are in Th and may very well be ' helpfully suicided ' before divorce. 

[WebGuy]

If already married, it does not matter as it will be considered you obtained the property together. So in case of divorce, you'll have to split half-half of everything obtained while in marriage. However, before getting married there is an option to list the items you are bringing into the marriage which, if it comes to a divorce, you do not have to split (there is a proper name of this document and I don't know how it is called in English).

Concerning the names, maybe better only your name to decrease certain administrative hassle in the future but if it comes to divorce everything must be split except the items from the list you stated before getting married (if you did and if you did not, you will have to prove bla bla bla hassle).

[onebir]

4 hours ago, soi3eddie said:

 

You can put condo in sole or both names. My advice from my experience is put it in your name only. I remember so clearly sitting in the lawyer's office in Sathorn in December 2009 when signing power of attorney and other documents for purchase of my Bangkok condo. My Thai wife asked "do you want only your name or both names?". It was my money used for purchase. At that time marriage of 8 years was sweet so I stupidly said "both names" thinking that if anything happened to me then it would be easier for her. On divorce (in UK) 7 years later it was nothing but a pain in the <deleted> getting her name removed from the land register even though our court agreement was for 50% each. When she learned I had a new partner she refused to sign the papers meaning another court appearance and £5,000+ of costs. When she finally did sign, it meant I had to transfer, again, 50% of the agreed condo value to Thailand from overseas to satisfy the Land Office that funds were remitted from outside the country (this was despite me still having the original purchase funds remittance document for the whole amount). As mentioned in another post, you can always do a will leaving it to your wife (or kid/s) in case something should happen to you. Therefore, MY ADVICE IS BUY IN YOUR NAME ONLY! Chok Dee!

Could the difficulties above have been avoided with a pre-nuptial agreement?

[soi3eddie]

1 hour ago, onebir said:

Could the difficulties above have been avoided with a pre-nuptial agreement?

 

No. At the end of the day the biggest issue was getting her to sign the transfer documents despite the agreed UK court order giving her 50%

 

[natway09]

If the condo unit still has foreign ownership quota available & you can prove that the monies using 

have been sent from "abroad" my advice is put it in your name.

If your wife is upset with that then you are married to the wrong one

[Delight]

 The most important action that you could take is to keep in safe keeping the bank book that details the transactions when monies from abroad  were  credited into your account -and when monies were debited to buy the property..

 

The divorce rules state that all assets acquired during the  marriage are split 50/50..

However with this this bank book and a good lawyer it is very likely that a presiding judge can be persuaded that the main asset -i.e. the money was the asset of a foreigner prior to manage -so that same foreigner can keep 100% i.e keep the property 100%. If this happens to be a house or  a condo in a Thai name-the  the foreigner will be given typically-one year to sell.

 

[onebir]

4 minutes ago, Delight said:

However with this this bank book and a good lawyer it is very likely that a presiding judge can be persuaded that the main asset -i.e. the money was the asset of a foreigner prior to manage -so that same foreigner can keep 100% i.e keep the property 100%

It takes the bank book and a good lawyer to establish that?

[Delight]

2 minutes ago, onebir said:

It takes the bank book and a good lawyer to establish that?

 I do not quite understand your point.

My idea of a good lawyer is one based in Bangkok. Expensive but worth it.

 

[scoupeo]

1 minute ago, Delight said:

 I do not quite understand your point.

My idea of a good lawyer is one based in Bangkok. Expensive but worth it.

 

worth what ? how ridiculous to pay any useless scammer lawyer to buy anything in this country.

 

[Delight]

18 hours ago, scoupeo said:

worth what ? how ridiculous to pay any useless scammer lawyer to buy anything in this country.

 

 I take it that you believe that 100% of Thai Lawyers are scammers.

I suspect that most foreigners will take a different view

If you have evidence to support your claim -then I am certain that most people who read this  forum would be very interested.

Do  you have any evidence?

[fakser]

On 1/28/2021 at 3:08 AM, Andyfez said:

I didn't know you could put two names on an ownership paper?

I just did it. Purchased a condo in BKK and have my name and my (foreign as me) wife's name on property registration docs.

[Delight]

54 minutes ago, fakser said:

I just did it. Purchased a condo in BKK and have my name and my (foreign as me) wife's name on property registration docs.

 This is perfectly possible . I read in such circumstances that each foreigner owns 100% of the condo.

When one of the foreigner dies then the condo is 100% in the name of the still living foreigner.

Also

 

A Thai name can be added to a foreign owned condo.

However a foreign  name cannot be added to an existing condo in a Thai name.

[jadee]

I married a Thai in 2007 and bought a condo in my name in 2010, so yes, it's possible. But according to Thai law, everything bought after marriage should be split in case of divorce, no matter who bought what, or whether one person worked 100% and one person stayed at home doing sweet FA... but hey, that's what you get when you walk into the slaughterhouse.

I swear, getting a marriage licence should be like getting a driving licence - you should have to do a theory test beforehand so you know what you're getting yourself into. The marriage rate would probably collapse. Or just get guys to have a 1-hour chat with a family lawyer before signing their life away. 

[thailanddogerator]

5 hours ago, jadee said:

I married a Thai in 2007 and bought a condo in my name in 2010, so yes, it's possible. But according to Thai law, everything bought after marriage should be split in case of divorce, no matter who bought what, or whether one person worked 100% and one person stayed at home doing sweet FA... but hey, that's what you get when you walk into the slaughterhouse.

I swear, getting a marriage licence should be like getting a driving licence - you should have to do a theory test beforehand so you know what you're getting yourself into. The marriage rate would probably collapse. Or just get guys to have a 1-hour chat with a family lawyer before signing their life away. 

 

The problem is that idiots marry because of a stupid reason called love.

I married to get a visa. Only and exclusively.